Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-05-02

'tHence we find the PROVISIONS III Ino
Federal Constitution which have quote'',
and not one word in our State Constitution
in regard to electing United States Sena-
tor. Looking then to the provisions oil
the Constitution of the United States re-
Iatipg to filling vacancies two questions
arise: first: Is there yancy? Second:
Is this the next meeting of the Legislature
after the vacancy happened?
"If we conclude that that is vacancy
IN be filled and that this is the next meet
ing of the Legislature then it follows by
the force Of irresistible logic that we
should fill that vacancy at this meeting
1t has been suggested that II we admit
that the appointment of Mr.. Lucas by
the Governor was valid, then that appslnt-
ment filled the vacancy, and therefore none
now exists. If we examine the peculiar
phraseology of the Constitution 1t VIII De
seen that this view is not correct. 1t does
not saw that the Executive shall I'LL the
vacancy, but that he shall make temper
ary appointment until the next meeting OF
the Legislature, which shall then I'LL
WHAT Such vacancy that Is the Leg
islature shall fill the vacancy which ex-
isted when the Governor made his temper
ary appointment In this case the va
cancy happened when Mr.. Camden's term
expired. The Governor made tempOr-
ary appointment of Mr.. Lucas, but in
contemplation of the Constitution the va
cancy continues and must be filled by the
Legislature at its next meeting. 1t was
never intended that the Governor should
appoint the Senators even to fill out an
unexpired term, but merely to make tenn
porary appointment to bridge over incOn-
venient chasms. 1t is clear, then, that
vacancy exists.
1.-THE only question remaining is whether
this is the next meeting OF the Legislature.
1t will not be disputed that if this Is the
Legislature, the present is the next meet
| ing after the vacancy occurred. Then, IS
this the Legislature of West Virginia? 1t
seems almost absurd To ask the question.
Unuuestionably the body now assembled
in this Capitol building is the Legislature
of West Virginia. If it Is not the LeglsIa-
| ture, what is il? Will someone tell us
what body this is, if it is not the Legisla-
| ture?
'Now, Mr. President, what is legisla-
ture? The able report of the committee OF
the United States Senate, in the case OF
Potter vs. Robbins, defines legislature TO
be the power that makes laws Our
State Constitution settles this question:
Art. 6, Sec. |, provides. Now, we have
here Senate and House of Delegates, con-
| tanning the members chosen in the manner
provided for the legislature. We were
sworn in as members of the Legislature
last January. We have the same officers
and the same rules. We are drawing the
pay of members of the Legislature, and all
the laws relating to the LegiSture apply
TO us. We are here in obedience to the
proclamation of the Governor, issued un-
| der Section : of Article Z, of the State
! Constitution, that the Governor may, on
extraordinary occasions, convene ut his
own instance the Legislature, but, when
so convened, it shall enter upon no bust
ness except that stated in the prOclama-
tion by which it is called tOgether-cOn-
vene what?. Convene the Legislature
The very provision Of our Constitution,
under which we are convened, calls us the
Legislature.
''Mr. Lucas, in the printed letter which
has been laid on our desks, attempts to
| argue us luIO NuC bCilCl ludb We A'A'S WV
different kinds of Legislatures in this
State, but he is certainly mistaken in
this. Our Constitution provides for but
one Legislature, our laws recognize but
one. Different means of cOnyeniug the
Legislatures are provided, hut this does
not make more than one Legislature. 1t
makes no difference how 1t convened, il is
still the Legislature, the same Legislature,
and whether we are convened with full
powers or restricted powers still we are the
Legislature.
at is claimed that because our State
| Constitution says we shall at this ses-
sion enter upon business except that
stated in the Governors proclamation,
that prohibits us from electing n Senator.
! This is iallacy. This merely restricts our
power, but we are here to make laws
within those restrictions. We are here as
Legislature. We are always restricted
to some extent in our powers by the Con-
stitutiOn. We are only more restricted
now. This is not q question TO the pnr-
pose for which we are convened, or as to
! what laws we can pass or what Legislative
powers We possess at this session, but the
question is, what body this is. Is it the
! Legislature? The Constitution of the
United States names the body that is to
elect, and the simple question is, is this
that body? | claim that whenever the
Legislature is convened for any purpose,
as Legislature, and there is a vacancy,
it is its duty to elect.
"We could not have provided by our
State Constitution the times, places and
manner of electing United States Senators
SO as to bind the legislature because the
! Federal Constitution has given that power
to the legislature alone. The State Con-
| stitutiOn could not take it away. We
could not have said in our Constitution
that the Legislature should only elect Sem
atOrs at its regular sessions, every two
years. Such a provision would have in
terfered with the power conferred on the
! Legislature by the Federal Constitution.
As soon as the State creates her legislature
| the Federal COnstitrTf uOperates on it and
authorizes it to elec! pc nited States Senator
at its next meeting after vacancy happens
and the Legislature can regulate tho times,
places and manners of electing Senators
except so far as Congress alters such regu-
| lation as to the time and manner. 1t is a
question of some difficulty whether we
could elect q Senator before the second
Tuesday after our meeting, but that ques-
tion is not likely tO arise here.
Now, Mr.. President, having as think,
shown that a vacancy exists and that this
is the next meeting of the Legislature, it
follows that it is our duty to elect. There
is no escape from it.
MR. PRICES VOTE.
The statement in the SUNDAY REGISTER
that Mr.. Price had voted against the reso-
luton committing the Legislature to the
election of Senator was a mistake, and
mistake easily made, for the reason that
the Legislature, in adopting the Joint rules
prevailing at the last session, had already
committed itself to the election of SEN
atOT, and Mr.. Price might very well have
voted against the resolution, as il might
appear useless for the Legislature to twice
express itself upon the same question.